Employment Tribunals

Report: 14
Date: 14 December 2006
By: Director of Human Resources on behalf of the Commissioner

Summary

This report to the MPA Professional Standards & Complaints Committee contains management information and performance analysis on employment tribunal claims brought against the Commissioner for the financial year 2005/06 and the period 1 April 2006 to 30 September 2006.

A. Recommendations

That members note the report.

B. Supporting information

1. This is the first six monthly report to the Professional Standards & Complaints Committee providing statistical data and analysis regarding MPS performance in terms of Employment Tribunals (ETs) brought against the Commissioner. This report will concentrate on ETs lodged from 1 April to 30 September 2006 (six month period). The data and trends will be compared to the period 1 April 2005 to 31 March 2006.

2. Regular reports have previously been provided to the MPA HR Committee. The contents of the report developed over a number of years and the presentation of the management information data (as seen in the appendices to this report) followed consultation and discussions with Joanna Gillians, MPA Head of Planning and Performance, to ensure that the data met the requirements of the HR Committee.

3. The HR Employment Tribunal Unit (HR ET Unit) is part of HR Services Directorate working alongside the HR Practice Support Managers who oversee the Fairness at Work policy and process. There are also close links with those responsible for developing HR policy and promoting good practice in people management activities. The learning from ET cases is a key part of this. The ET cases continue to be considered as part of the MPA/MPS risk management procedure. This ensures that through a variety of means, senior managers are well briefed on significant cases and that appropriate and timely decisions are made.

New and on-going employment tribunal claims

3. The number of new ET cases lodged against the Commissioner this financial year remains at a similar level to the last financial year (Appendix 1). The average number of new claims received per quarter in 2005/06 was 21 and the average per quarter for the first six months of this financial year is 20. However, the total of current on-going ETs has been rising. In June 2005, the total number of cases was 44, whereas in September 2006 the total had risen to 75, an increase of 70% (Appendix 2). It should be noted that this figure includes a number of multiple claims (i.e. separate claims brought by the same Claimant). 64 Claimants have lodged 75 cases. The increase in ongoing claims results from a number of factors i.e. Claimants not withdrawing claims early in the process, claims being stayed for long periods by the Tribunal to enable the completion of internal Fairness at Work and disciplinary processes, delays by Tribunals in listing cases and the complexity of claims, particularly multiple claims, which require a series of preliminary Tribunal hearings.

4. In 2005/06 11 claims were brought under the Disability Discrimination Act (DDA) and six in the first six months of the 2006/07 financial year by both police officers and police staff. Many disability claims also include allegations of less favourable treatment on the grounds of race and/or sex discrimination. It is often the case that MPS Claimants fail to meet the definition of disability to bring a claim under the DDA and that part of their claim is withdrawn or struck out.

5. In 2005/6 and the current year to date eight claims have been brought under the Employment Equality Regulations, which prohibits discrimination on grounds of sexual orientation, religion and belief. It should be noted that the majority of the religious belief claims also involve allegations of race discrimination and the sexual orientation claims also involve allegations of sex discrimination.

6. The Employment Equality (Age) Regulations came into force on 1 October 2006. To date no claims of age discrimination have been lodged.

Ranks and bands of personnel bringing ETs

7. In 2005/06, 55 (64%) of claims were brought by police officers and 28 (33%) by police staff (Appendix 3). In percentage terms the first six months of the current financial year show a decrease in the number of claims brought by police officers i.e. 19 (46%) and an increase in claims being brought by police staff i.e. 19 (46%) (Appendix 4). Non-employees/job applicants lodged the remaining percentages of claims. As might be expected the largest groups of personnel by rank or band are those represented in the greatest numbers in the MPS i.e. police constables/sergeants and administrative staff. There has been an increase in claims brought by PCSOs this year. Eight claims were lodged in 2005/6 and twelve have been lodged in the first six months of 2006/07.

Diversity information

8. Diversity Information is provided comparing those pursuing ETs in 2005/06 and in the first six months of 2006/07 (Appendix 5).

Gender

9. In the first six months of the current financial year 14 cases (34.15%) were lodged by female police officers/staff compared to 37 cases (43.03%) in 2005/06. For some years, females have accounted for slightly more than half of the ETs being pursued but there has been some reverse of this trend over the last two years. Corporate strength for female police officers/staff (including PCSOs and traffic wardens) as at 30 September 2006 is 32%, which shows there is slight over representation of ET cases brought by females.

Ethnicity

10. In the first six months of the current financial year 20 claims (48.78%) were brought by white police officers/staff, ten claims (24.39%) by black police officers/staff, five claims (12.20%) by Asian police officers/staff and one (2.43%) by other groups. This compares with 49 (56.98%) by white police officers/staff, 14 (16.287%) by black police officers/staff, 14 (16.28%) by Asian police officers/staff and five (5.81%) by other groups in the financial year 2005/06. In percentage terms claims from black officers and staff have increased and claims from Asian officers have decreased in the first six months of this financial year compared to 2005/06.

11. The total percentage of claims brought by black and minority ethnic police officers/staff in the first six months of 2006/07 is 39.02% and in 2005/06 is 38.37%. BME staff accounted for 13.46% of corporate strength figures as at 30 September 2006. The Performance and Learning Manager, HR ET Unit, will shortly be conducting some further analysis to consider this disproportionality in more detail.

Timeliness

12. In 2005/06, 21 cases took more than 400 days to reach a conclusion and in the first six months of 2006/07 3 cases took more than 400 days to reach a conclusion (Appendix 6). The remaining live claims which are over 400 days old has decreased from 18 in April 2005 to nine in September 2006 (a 50% reduction) (Appendix 7).

13. Two of the nine claims over 400 days old are in relation to complex vetting issues and one is a test case in relation to disability. Two interlinked claims were initially stayed by the Tribunal to enable various disciplinary investigations/reviews to be conducted and one of these cases has now been listed for full merits hearing in September 2007. One case has been delayed as a result of the Claimant lodging further claims. Delays in one case proceeding to full merits hearing have been as a result of the Claimant’s ill health. One case has since been withdrawn by the Claimant and the Tribunal struck out a further longstanding claim. All long-standing claims are the subject of regular review to ensure that all opportunities have been explored to reach a resolution outside the tribunal process.

Location

14. Work has recently been undertaken with the HR Practice Management Team to identify locations where both the numbers of ETs and Fairness at Work cases raise issues for concern. One location was identified as a potential hotspot and an analysis of the cases highlighted a number of trends and issues. Appropriate action has been taken to support the location concerned through a number of meetings and discussions.

15. The Commander, Directorate of Professional Standards (DPS), heads a Strategic Co-ordinating and Tasking Group that regularly receives strategic intelligence reports based on the range of DPS activity to identify locations or issues warranting further examination or intervention. The ET Unit regularly provides employment tribunal data on location to DPS as part of this process.

Categories of cases

16. Sex discrimination cases form 28% of ongoing claims. Race discrimination claims account for 20%, Disability discrimination 12% and unfair/constructive dismissal 8%. A further 28% of cases are claims brought under several jurisdictions (Appendix 8). As indicated above the trend for claims to cover more than one jurisdiction e.g. sex, race and sexual orientation has grown.

Results

17. An examination of ET outcomes for 2005/06 (Appendix 9) shows that 41% of claims were withdrawn by applicants and 12% of claims were struck out by the Tribunal for want of jurisdiction. 34% of claims were settled. 8% of claims were won at tribunal and 5% were lost. The 5% (four claims) lost in 2005/06 relates to one consolidated hearing involving three claimants. The first six months of 2006/07 (Appendix 10) indicates that of those cases concluded 45% have been withdrawn and the tribunal has struck out 10% of claims. 10% of claims were won at tribunal and no claims were lost. 35% of claims resulted in a settlement. It should be noted that some of these figures comprise multiple claims by a single claimant.

Settlements

18. Information on settlements and the financial implications arising from these is contained in Appendix 11 (exempt).

Significant cases

19. In September 2006 there were 52 exceptional/significant cases in progress. These cases have been categorised as A, B or C under the terms defined in the MPS/MPA protocol. Weekly reports of all the categorised cases are provided to the MPA Chief Executive and the Deputy Chief Executive with further briefings and information provided when required. Regular meetings now take place with the Deputy Chief Executive and the Chairman of the PSCC to review all current significant cases. Details of high risk and significant cases ongoing as at of 10 November 2006 are attached at exempt Appendix 12.

Early resolution and learning

20. On receipt of new employment tribunal claims, the head of the HR ET Unit and the relevant case manager make an assessment of the claim to consider whether there is any capacity for early resolution or whether some form of intervention strategy might be appropriate to resolve the case. If resolution is not possible at this early stage, the cases are subsequently regularly reviewed to identify any opportunity to reach a resolution without the need to go before a Tribunal panel. In many cases at the time the ET is received there is often already some form of intervention in progress. This could be a Fairness at Work procedure or an internal investigation. Mediation has been successfully used in some cases, which has avoided matters progressing to a tribunal hearing.

21. Learning from ET cases is a key aspect in the work of the HR ET Unit. The Performance and Learning Manager works closely with the ET case managers to identify and draw out local and organisational learning from ET claims. Good practice advice and learning is identified for inclusion on the HR ET Unit intranet site, which is available to the entire MPS workforce. A range of means are utilised to share organisational learning, in addition to the website. This has included input to training events and seminars for key personnel. Discussions have recently taken place with the Leadership Academy and it has been agreed that learning material will be provided for inclusion as appropriate within the Leadership Programme for first and second line managers. Policy matters are pursued with the relevant policy portfolio holder and the ET Unit is regularly consulted for input during reviews and revision of MPS policies.

22. Debriefings of the Commissioner’s witnesses and senior management have been undertaken by the HR ET Unit in certain cases to identify and draw out local and organisational learning. The Performance and Learning Manager had also met with Claimants and their representatives to afford them an opportunity to share their experience for the purpose of greater organisational learning.

C. Race and equality impact

The MPS remains committed to the achievement of a hospitable working environment in which all groups of personnel can work with dignity and have the opportunity to fulfil their potential. It is recognised that early intervention at an appropriate level is a key factor in managing conflict resolution. A wide range of activities takes place to ensure that the MPS learns lessons from ET cases.

D. Financial implications

See Appendix 11 (exempt)

E. Background papers

None.

F. Contact details

Report author(s): Esme Crowther, Head of HR ET Unit, MPS.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 3

New Employment Tribunals by Rank/Band - April 2005 to March 2006

Appendix 4

New Employment Tribunals by Rank/Band - April 2006 to September 2006

Appendix 8

Employment Tribunal claims by quarter for the period April 2005 to September 2006

Appendix 9

Results of Employment Tribunal Cases April 2005 – March 2006

Appendix 10

Results of Employment Tribunal Cases April 2006 – September 2006

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